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Contract Disputes and Property Disputes in Arizona
A considerable volume of civil cases are disputes regarding contracts and disputes in Arizona. The Civil Law of Arizona provides definitions and regulations for a legal intervention in these cases. Superior and Justice Courts have jurisdiction on this subcategory of civil suits.
Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state or local agency, such platforms may make searching simpler, as they are not limited by geographic location. Third-party sites may also feature search tools that may ease the process of finding specific or multiple records. To conduct searches via a third-party or government website, interested parties may need to provide some or all of the following:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Therefore, the accuracy, availability, or record results cannot be guaranteed.
What are Contract Disputes in Arizona?
A contract in Arizona is an understanding between two entities (individuals or corporate bodies). They could secure the legality of the understanding by a spoken or written agreement. The elements of a contract are collective assent, consideration, competence to enter agreement, and legal validity.
A contract dispute in Arizona generally refers to a conflict between two or more sides concerning the terms and conditions of the contract or any conflict following the failure of a side to fulfill their part of a contract. Disputes may arise for many reasons. Among them are:
- Not meeting the deadlines
- Delivery of defective quality of services
- Defaulting in the payment of agreed value for services rendered
What are the Most Common Contract Disputes in Arizona?
Common contract disputes in Arizona include:
- Employment agreement disputes
- Intellectual property conflicts
- Franchising disagreements
- Unpaid loans
- Settlement disputes
What is Arizona Contract Law?
Contract law is a segment of Arizona Civil law that handles negotiations between persons or businesses. Justice Courts hear civil cases of value not beyond $10,000. Small claim cases of a maximum value of $3500 are also under the jurisdiction of Justice Courts. Higher values go to the Superior Court for hearing. Here, attorneys with skill and experience provide legal interpretation to these cases.
What is a Breach of Contract in Arizona?
A breach of contract in Arizona is when a party violates the terms and conditions of a contract. Breaches could be material, partial or anticipatory. The laws of Arizona State recognise both verbal and handwritten contracts. However, for certain cases to be considered as a breach of contract they typically require written documentation. Some of these cases include those of agreements that have a time span of over 1 year, the sale of goods with a value over $500 co-signing a debt for a third party, purchase of real property or items for sale that require a loan.
A breach-of-contract is demonstrable by law at the court. The following constitutes the basic elements of a breach of contract in Arizona:
- Validity of the contract: the filing party is expected to show that the contract was valid.
- The filing party is expected to demonstrate clearly that they fulfilled their part of the terms and conditions of the contract.
- The filing party is expected to prove that the other side to the agreement did not meet their obligations.
- The filing party is expected to also be able to show that they suffered some loss or damage due to the failure of the other party in fulfilling their obligations of the contract.
What are the Remedies for a Breach of Contract in Arizona?
Common remedies for a breach of contract in Arizona revolve around one of these three:
- Cancellation and restitution
- Specific performance
- Damages
Damages may be compensatory, liquidated or punitive. The peculiarity of each case and nuances involved in the agreement usually determine the kind of measures adopted to resolve breach of contract disputes.
What Defenses Can Be Used Against a Breach of Contract Claim in Arizona?
A key rule of defense against breach of contract claims in Arizona is that the defending party must be able to identify loopholes in the contract. Such loopholes may be present in the terms and conditions of the contract. Talking about a contractual agreement, there are certain rules that validate the process. Key amongst them are considerations and competency to enter into an agreement.
Some of the defenses used against breach-of-contract dispute in Arizona are:
- If the performance of the role in the contract becomes impossible. Such is the case if there was a government policy or a natural occurrence that automatically makes it impossible to implement the side of the bagging.
- If the terms and conditions of the contract do not align with the uniform commercial code of the federation
- If the object of contract is illegal by state or federal laws
- If the purpose of the contract fails due to frustration from influences beyond control. For example, when services are to be delivered at a facility, only to discover that the proposed facility is destroyed or barred from such deliveries.
What are Property Disputes in Arizona?
Property disputes are disagreements that pertain to real property either in land or structure. Here, the reasons for disputes vary, some of which are ownership, damages, right-of-use, agreements, wills etc. Land and property matters in Arizona come under the civil code of the state, managed by the Department of Real Estate Some common laws within this segment are those guiding adverse possession, fences, right to farm, etc.
What Are Some Common Types of Property Disputes in Arizona?
Frequently occurring property disputes in Arizona include:
- Boundary-line disagreements
- Conflicts on ownerships
- Title disputes over a property
- Interpretation and implementation of estate will and inheritance
How to Find Property Lines
Property lines demarcate between two separate properties. Arizona surveyors have the skill and expertise required to draw and identify property lines across real property in the state. The office of the county assessor in each county also provides an electronic database of property lines. Go to the county assessor’s office on the county website and enter any one of these key terms to locate property lines:
- Parcel number
- Name of owner
- Subdivision
- Address
- Business name
An example is Maricopa County.
How do I Find a Property Dispute Lawyer Near Me?
Property dispute lawyers typically have their profiles and addresses available on a number of free online directories. Some of them provide services at a fee. However the Arizona Bar Association provides information about lawyers who give pro bono services. Some law firms in Arizona also float their websites on the internet where inquirers can ask questions or contact them.